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HomeMy WebLinkAbout2006-407 , SECOND AMENDMENT AND EXTENSION TO CONTRACT FOR PROVIDING ANIMAL SHELTER SERVICES FOR INDIAN RIVER COUNTY , FLORIDA This Amendment and Extension to Contract for Providing Animal Shelter Services for Indian River County, Florida , entered into December 5 , 2006 , nunc pro tunc to October 1 , 2006 , ("Second Amendment' ) is by and between the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida ("County") and the Humane Society of Vero Beach and Indian River County, Florida , Inc . , ("Society"). BACKGROUND RECITALS A. Effective October 1 , 1995 , the County and the Society entered into a Contract for Providing Animal Shelter Services for Indian River County, Florida ("Contract' ) . B . Article 3 of the Contract contains a renewable three (3 ) year time of performance clause . C . Paragraph 5 . 1 of Article 5 of the Contract contains the compensation and method of payment terms . D . The parties desire to amend Articles 3 and Paragraph 5 . 1 of Article 5 of the Contract by this Amendment. NOW , THEREFORE , in consideration of the foregoing , and other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the County and the Society agree as follows : 1 . The background recitals are true and correct and form a material part of this Amendment. 2 . From and after the date of this Amendment, Article 3 is amended in its entirety and shall read as follows : This Contract shall be effective for a term of two (2 ) years effective October 1 , 2004 , through and including September 30 , 2006 , unless otherwise terminated according to the provisions of the Contract. Thereafter, this Contract may be renewed on a year to year basis unless either party shall give written notice priorto July 1 of each succeeding year. The parties acknowledge and agree that the County reserves the right in any renewal term to amend the fees payable to Society. 3 . From and after the date of this Amendment, Paragraph 5 . 1 is amended in its entirety and shall read as follows : 1 COMPENSATION & METHOD OF PAYMENT : The County agrees to pay the Society per animal for each animal received as follows for and in consideration of the services as described in this Contract: October 1 , 2006 , through September 30 , 2007 - $70 . 00 per animal ; October 1 , 2007 , through September 30 , 2008 - $75 per animal ; and October 1 , 2008 , through September 30 , 2009 - $83 per animal , excluding requested euthanasia , foster pets , and out of county animals . Said sum shall be paid in monthly increments , to be paid within ten ( 10 ) working days after receipt of the monthly Animal Control Report. 4 . All terms and provisions of the Contract not amended by this Amendment shall be and remain in full force and effect. IN WITNESS WHEREOF , the parties have caused this Amendment to be executed effective the day and year first set forth above . ATTEST : J . K. Barton , Clerk., INDIAN RIVER COUNTY , FLORIDA BOARD OF COUNTY COMMISSIONERS Deputy Clerk" G C . Wheeler, Chairman BCC Approval Date : 12/5/2006 Approved : j Josep A. Baird , County Administrator Aprov d as to form and legal sufficiency: / J Marian E . tl-,' Ass ' ounty Attorney WITNESS : HUMANE SOCIETY VERO BEACH AND INDIAN /RIVRC NTY, FLORIDA, INC . By: !� (Authorize Signature (CORPORATE SEAL ) Title : �6 t �(� r r ifor Date : 6�2/De�; 2